                                 CODE OF VIRGINIA

RECORDS OF DEPARTMENT; WHEN OPEN FOR INSPECTION; RELEASE OF PRIVILEGED
INFORMATION (§ 46.2-208)

A. The following information shall be considered privileged and unless otherwise
provided for in this title shall not be released except as provided in
subsection B:

   1. Personal information as defined in &#xA7; 2.2-3801;

   2. Driver information, defined as all data that relates to driver&#8217;s
   license status and driver activity;

   3. Special identification card information, defined as all data that relates
   to identification card status; and

   4. Vehicle information, including all descriptive vehicle data and title,
   registration, and vehicle activity data, but excluding crash data.

B. The Commissioner shall release such information only under the following
conditions:

   1. Notwithstanding other provisions of this section, medical information
   included in personal information shall be released only to a physician, a
   physician assistant, or an advanced practice registered nurse in accordance
   with a proceeding under &#xA7;&#xA7; 46.2-321 and 46.2-322.
   				2, 3. [Repealed.]

   4. Upon the request of (i) the subject of the information, (ii) the parent of
   a minor who is the subject of the information, (iii) the guardian of the
   subject of the information, (iv) the authorized agent or representative of the
   subject of the information, or (v) the owner of the vehicle that is the
   subject of the information, the Commissioner shall provide him with the
   requested information and a complete explanation of it. Requests for such
   information need not be made in writing or in person and may be made orally or
   by telephone, provided that the Department is satisfied that there is adequate
   verification of the requester&#8217;s identity. When so requested in writing
   by (a) the subject of the information, (b) the parent of a minor who is the
   subject of the information, (c) the guardian of the subject of the
   information, (d) the authorized agent or representative of the subject of the
   information, or (e) the owner of the vehicle that is the subject of the
   information, the Commissioner shall verify and, if necessary, correct the
   personal information provided and furnish driver, special identification card,
   or vehicle information. If the requester is requesting such information in the
   scope of his official business as counsel from a public defender&#8217;s
   office or as counsel appointed by a court, such records shall be provided free
   of charge.

   5. Upon the written request of any insurance carrier or surety, or authorized
   agent of either, the Commissioner shall furnish to such requester information
   in the record of any person subject to the provisions of this title. The
   transcript shall include any record of any conviction of a violation of any
   provision of any statute or ordinance relating to the operation or ownership
   of a motor vehicle or of any injury or damage in which he was involved and a
   report filed pursuant to &#xA7; 46.2-373. No such report of any conviction or
   crash shall be made after 60 months from the date of the conviction or crash
   unless the Commissioner or court used the conviction or crash as a reason for
   the suspension or revocation of a driver&#8217;s license or driving privilege,
   in which case the revocation or suspension and any conviction or crash
   pertaining thereto shall not be reported after 60 months from the date that
   the driver&#8217;s license or driving privilege has been reinstated. The
   response of the Commissioner under this subdivision shall not be admissible in
   evidence in any court proceedings.

   6. Upon the written request of any business organization or its authorized
   agent, in the conduct of its business, the Commissioner shall compare personal
   information supplied by the requester with that contained in the
   Department&#8217;s records and, when the information supplied by the requester
   is different from that contained in the Department&#8217;s records, provide
   the requester with correct information as contained in the Department&#8217;s
   records. Personal information provided under this subdivision shall be used
   solely for the purpose of pursuing remedies that require locating an
   individual.

   7. Upon the written request of any business organization or its authorized
   agent, the Commissioner shall provide vehicle information to the requester.
   Disclosures made under this subdivision shall not include any personal
   information, driver information, or special identification card information
   and shall not be subject to the limitations contained in subdivision 6.

   8. Upon the written request of any motor vehicle rental or leasing company or
   its authorized agent, the Commissioner shall (i) compare personal information
   supplied by the requester with that contained in the Department&#8217;s
   records and, when the information supplied by the requester is different from
   that contained in the Department&#8217;s records, provide the requester with
   correct information as contained in the Department&#8217;s records and (ii)
   provide the requester with driver information of any person subject to the
   provisions of this title. Such information shall include any record of any
   conviction of a violation of any provision of any statute or ordinance
   relating to the operation or ownership of a motor vehicle or of any injury or
   damage in which the subject of the information was involved and a report of
   which was filed pursuant to &#xA7; 46.2-373. No such information shall include
   any record of any conviction or crash more than 60 months after the date of
   such conviction or crash unless the Commissioner or court used the conviction
   or crash as a reason for the suspension or revocation of a driver&#8217;s
   license or driving privilege, in which case the revocation or suspension and
   any conviction or crash pertaining thereto shall cease to be included in such
   information after 60 months from the date on which the driver&#8217;s license
   or driving privilege was reinstated. The response of the Commissioner under
   this subdivision shall not be admissible in evidence in any court proceedings.

   9. Upon the request of any federal, state, or local governmental entity, local
   government group self-insurance pool, law-enforcement officer, attorney for
   the Commonwealth, or court, or the authorized agent of any of the foregoing,
   the Commissioner shall compare personal information supplied by the requester
   with that contained in the Department&#8217;s records and, when the
   information supplied by the requester is different from that contained in the
   Department&#8217;s records, provide the requester with correct information as
   contained in the Department&#8217;s records. The Commissioner shall also
   provide driver, special identification card, and vehicle information as
   requested pursuant to this subdivision. The Commissioner may release other
   appropriate information to the governmental entity upon request. Upon request
   in accordance with this subdivision, the Commissioner shall furnish a
   certificate, under seal of the Department, setting forth a distinguishing
   number or license plate of a motor vehicle, trailer, or semitrailer, together
   with the name and address of its owner. The certificate shall be prima facie
   evidence in any court in the Commonwealth of the ownership of the vehicle,
   trailer, or semitrailer to which the distinguishing number or license plate
   has been assigned by the Department. However, the Commissioner shall not
   release any photographs pursuant to this subdivision unless the requester
   provides the depicted individual&#8217;s name and other sufficient identifying
   information contained on such individual&#8217;s record. The information in
   this subdivision shall be provided free of charge.
   				The Department shall release to a requester information that is required
   for a requester to carry out the requester&#8217;s official functions in
   accordance with this subdivision. If the requester has entered into an
   agreement with the Department, such agreement shall be in a manner prescribed
   by the Department, and such agreement shall contain the legal authority that
   authorizes the performance of the requester&#8217;s official functions and a
   description of how such information will be used to carry out such official
   functions. If the Commissioner determines that sufficient authority has not
   been provided by the requester to show that the purpose for which the
   information shall be used is one of the requester&#8217;s official functions,
   the Commissioner shall refuse to enter into any agreement. If the requester
   submits a request for information in accordance with this subdivision without
   an existing agreement to receive the information, the request shall be in a
   manner prescribed by the Department, and such request shall contain the legal
   authority that authorizes the performance of the requester&#8217;s official
   functions and a description of how such information will be used to carry out
   such official functions. If the Commissioner determines that sufficient
   authority has not been provided by the requester to show that the purpose for
   which such information shall be used is one of the requester&#8217;s official
   functions, the Commissioner shall deny such request.
   				Notwithstanding the provisions of this subdivision, the Department shall
   not disseminate to any federal, state, or local government entity,
   law-enforcement officer, or law-enforcement agency any privileged information
   for any purposes related to civil immigration enforcement unless (i) the
   subject of the information provides consent or (ii) the requesting agency
   presents a lawful judicial order, judicial subpoena, or judicial warrant. When
   responding to a lawful judicial order, judicial subpoena, or judicial warrant,
   the Department shall disclose only those records or information specifically
   requested. Within three business days of receiving a request for information
   for the purpose of civil immigration enforcement, the Commissioner shall send
   a notification to the individual about whom such information was requested
   that such a request was made and the identity of the entity that made such
   request.
   				The Department shall not enter into any agreement pursuant to subsection E
   with a requester pursuant to this subdivision unless the requester certifies
   that the information obtained will not be used for civil immigration purposes
   or knowingly disseminated to any third party for any purpose related to civil
   immigration enforcement.

   10. Upon the request of the driver licensing authority in any foreign country,
   the Commissioner shall provide whatever driver and vehicle information the
   requesting authority shall require to carry out its official functions. The
   information shall be provided free of charge.

   11. a. For the purpose of obtaining information regarding noncommercial
   driver&#8217;s license holders, upon the written request of any employer,
   prospective employer, or authorized agent of either, and with the written
   consent of the individual concerned, the Commissioner shall (i) compare
   personal information supplied by the requester with that contained in the
   Department&#8217;s records and, when the information supplied by the requester
   is different from that contained in the Department&#8217;s records, provide
   the requester with correct information as contained in the Department&#8217;s
   records and (ii) provide the requester with driver information in the form of
   a transcript of an individual&#8217;s record, including all convictions, all
   crashes, any type of driver&#8217;s license that the individual currently
   possesses, and all driver&#8217;s license suspensions, revocations,
   cancellations, or forfeiture, provided that such individual&#8217;s position
   or the position that the individual is being considered for involves the
   operation of a motor vehicle.
   				b. For the purpose of obtaining information regarding commercial
   driver&#8217;s license holders, upon the written request of any employer,
   prospective employer, or authorized agent of either, the Commissioner shall
   (i) compare personal information supplied by the requester with that contained
   in the Department&#8217;s records and, when the information supplied by the
   requester is different from that contained in the Department&#8217;s records,
   provide the requester with correct information as contained in the
   Department&#8217;s records and (ii) provide the requester with driver
   information in the form of a transcript of such individual&#8217;s record,
   including all convictions, all crashes, any type of driver&#8217;s license
   that the individual currently possesses, and all driver&#8217;s license
   suspensions, revocations, cancellations, forfeitures, or disqualifications,
   provided that such individual&#8217;s position or the position that the
   individual is being considered for involves the operation of a commercial
   motor vehicle.

   12. Upon the written request of any member of a volunteer fire company or
   volunteer emergency medical services agency and with written consent of the
   individual concerned, or upon the request of an applicant for membership in a
   volunteer fire company or to serve as volunteer emergency medical services
   personnel, the Commissioner shall (i) compare personal information supplied by
   the requester with that contained in the Department&#8217;s records and, when
   the information supplied by the requester is different from that contained in
   the Department&#8217;s records, provide the requester with correct information
   as contained in the Department&#8217;s records and (ii) provide driver
   information in the form of a transcript of the individual&#8217;s record,
   including all convictions, all crashes, any type of driver&#8217;s license
   that the individual currently possesses, and all license suspensions,
   revocations, cancellations, or forfeitures. Such transcript shall be provided
   free of charge if the request is accompanied by appropriate written evidence
   that the person is a member of or applicant for membership in a volunteer fire
   company or a volunteer emergency medical services agency and the transcript is
   needed by the requester to establish the qualifications of the member,
   volunteer, or applicant to operate equipment owned by the volunteer fire
   company or volunteer emergency medical services agency.

   13. Upon the written request of a Virginia affiliate of Big Brothers Big
   Sisters of America, a Virginia affiliate of Compeer, or the Virginia Council
   of the Girl Scouts of the USA, and with the consent of the individual who is
   the subject of the information and has applied to be a volunteer with the
   requester, or on the written request of a Virginia chapter of the American Red
   Cross, a Virginia chapter of the Civil Air Patrol, or Faith in Action, and
   with the consent of the individual who is the subject of the information and
   applied to be a volunteer vehicle operator with the requester, the
   Commissioner shall (i) compare personal information supplied by the requester
   with that contained in the Department&#8217;s records and, when the
   information supplied by the requester is different from that contained in the
   Department&#8217;s records, provide the requester with correct information as
   contained in the Department&#8217;s records and (ii) provide driver
   information in the form of a transcript of the applicant&#8217;s record,
   including all convictions, all crashes, any type of driver&#8217;s license
   that the individual currently possesses, and all license suspensions,
   revocations, cancellations, or forfeitures. Such transcript shall be provided
   at a fee that is one-half the normal charge if the request is accompanied by
   appropriate written evidence that the person has applied to be a volunteer or
   volunteer vehicle operator with the requester as provided in this subdivision.

   14. On the written request of any person who has applied to be a volunteer
   with a court-appointed special advocate program pursuant to &#xA7; 9.1-153,
   the Commissioner shall provide a transcript of the applicant&#8217;s record,
   including all convictions, all crashes, any type of driver&#8217;s license
   that the individual currently possesses, and all license suspensions,
   revocations, cancellations, or forfeitures. Such transcript shall be provided
   free of charge if the request is accompanied by appropriate written evidence
   that the person has applied to be a volunteer with a court-appointed special
   advocate program pursuant to &#xA7; 9.1-153.
   				15, 16. [Repealed.]

   17. Upon the request of an attorney representing a person involved in a motor
   vehicle crash, the Commissioner shall provide the vehicle information for any
   vehicle involved in the crash and the name and address of the owner of any
   such vehicle.

   18. Upon the request, in the course of business, of any authorized agent of an
   insurance company or of any not-for-profit entity organized to prevent and
   detect insurance fraud, or perform rating and underwriting activities, the
   Commissioner shall provide (i) all vehicle information, the owner&#8217;s name
   and address, descriptive data and title, registration, and vehicle activity
   data, as requested, or (ii) the driver name, license number and
   classification, date of birth, and address information for each driver under
   the age of 22 licensed in the Commonwealth, provided that such request
   includes the driver&#8217;s license number or address information of such
   driver. Use of such information shall be limited to use in connection with
   insurance claims investigation activities, antifraud activities, rating, or
   underwriting.

   19. [Repealed.]

   20. Upon the written request of the compliance agent of a private security
   services business, as defined in &#xA7; 9.1-138, which is licensed by the
   Virginia Department of Criminal Justice Services, the Commissioner shall
   provide the name and address of the owner of the vehicle under procedures
   determined by the Commissioner.

   21. (For contingent expiration date, see Acts 2023, c. 738, cl. 2) Upon the
   request of the operator of a toll facility, a traffic light signal violation
   monitoring system acting on behalf of a government entity, a traffic control
   device violation monitoring system acting on behalf of a government entity, or
   the Dulles Access Highway, or an authorized agent or employee of a toll
   facility operator, a traffic light signal violation monitoring system operator
   acting on behalf of a government entity, a traffic control device violation
   monitoring system operator acting on behalf of a government entity, or the
   Dulles Access Highway, for the purpose of obtaining vehicle owner data under
   subsection H of &#xA7; 15.2-968.1, subsection A of &#xA7; 33.2-504, subsection
   M of &#xA7; 46.2-819.1, subsection P of &#xA7; 46.2-819.3:1, or subsection N
   of &#xA7; 46.2-819.5. Information released pursuant to this subdivision shall
   be limited to (i) the name, physical address, and, if available, email or
   other electronic address of the owner of the vehicle having failed to pay a
   toll, comply with a traffic light signal, or comply with a traffic control
   device or having improperly used the Dulles Access Highway and (ii) the
   vehicle information, including all descriptive vehicle data and title and
   registration data of the same vehicle.

   (For contingent effective date, see Acts 2023, c. 738, cl. 2) Upon the request
   of the operator of a toll facility, a traffic light photo monitoring system
   acting on behalf of a government entity, or the Dulles Access Highway, or an
   authorized agent or employee of a toll facility operator or traffic light
   photo monitoring system operator acting on behalf of a government entity or
   the Dulles Access Highway, for the purpose of obtaining vehicle owner data
   under subsection H of &#xA7; 15.2-968.1, subsection A of &#xA7; 33.2-504,
   subsection M of &#xA7; 46.2-819.1, subsection P of &#xA7; 46.2-819.3:1, or
   subsection N of &#xA7; 46.2-819.5. Information released pursuant to this
   subdivision shall be limited to the name, physical address, and, if available,
   email or other electronic address of the owner of the vehicle having failed to
   pay a toll or having failed to comply with a traffic light signal or having
   improperly used the Dulles Access Highway and the vehicle information,
   including all descriptive vehicle data and title registration data of the same
   vehicle.
   				22-26. [Repealed.]

   27. Upon the written request of the executor or administrator of a deceased
   person&#8217;s estate, the Department shall, if the deceased person had been
   issued a driver&#8217;s license or special identification card by the
   Department, supply the requester with a hard copy image of any photograph of
   the deceased person kept in the Department&#8217;s records.

   28. [Repealed.]

   29. a. Upon written agreement, the Commissioner may digitally verify the
   authenticity and validity of a driver&#8217;s license, learner&#8217;s permit,
   or special identification card to the American Association of Motor Vehicle
   Administrators, a motor vehicle dealer as defined in &#xA7; 46.2-1500, or
   another organization approved by the Commissioner.
   				b. Upon written agreement, the Commissioner may release minimum
   information as needed in the Department&#8217;s record through any American
   Association of Motor Vehicle Administrators service program created for the
   purpose of the exchange of information to any business, government agency, or
   authorized agent who would otherwise be authorized to receive the information
   requested pursuant to this section.

   30. Upon the request of the operator of a video-monitoring system as defined
   in &#xA7; 46.2-844 acting on behalf of a government entity, the Commissioner
   shall provide vehicle owner data pursuant to subsection B of &#xA7; 46.2-844.
   Information released pursuant to this subdivision shall be limited to the name
   and address of the owner of the vehicle having passed a stopped school bus and
   the vehicle information, including all descriptive vehicle data and title and
   registration data for such vehicle.

   31. Upon the request of the operator of a photo speed monitoring device as
   defined in &#xA7; 46.2-882.1 acting on behalf of a government entity, the
   Commissioner shall provide vehicle owner data pursuant to subsection H of
   &#xA7; 46.2-882.1. Information released pursuant to this subdivision shall be
   limited to the name and address of the owner of the vehicle having committed a
   vehicle speed violation, as defined in &#xA7; 46.2-882.1, and the vehicle
   information, including all descriptive vehicle data and title and registration
   data, for such vehicle.

   32. Notwithstanding the provisions of this section other than subdivision 33,
   the Department shall not release, except upon request by the subject of the
   information, the guardian of the subject of the information, the parent of a
   minor who is the subject of the information, or the authorized agent of the
   subject of the information, or pursuant to a court order, (i) proof documents
   submitted for the purpose of obtaining a driving credential or a special
   identification card, (ii) the information in the Department&#8217;s records
   indicating the type of proof documentation that was provided, or (iii)
   applications relating to the issuance of a driving credential or a special
   identification card. As used in this subdivision, &#8220;proof document&#8221;
   means any document not originally created by the Department that is submitted
   to the Department for the issuance of any driving credential or special
   identification card. &#8220;Proof document&#8221; does not include any
   information contained on a driving credential or special identification card.

   33. Notwithstanding the provisions of this section, the Department may release
   the information in the Department&#8217;s records that it deems reasonable and
   necessary for the purpose of federal compliance audits.

   34. The Department may release to a party that is subject to an administrative
   proceeding conducted by the Department nonmedical privileged information
   necessary to participate in such administrative proceeding. Such information
   shall be limited to matters of fact and law asserted or questioned by the
   Department, as are required to be provided pursuant to &#xA7;&#xA7; 2.2-4019
   and 2.2-4020. The Department may also release such information to other
   parties to the same administrative proceeding. Notwithstanding the provisions
   of subsection E, no information released pursuant to this subdivision shall be
   disseminated to any third party that is not a party to such administrative
   proceeding.

C. Information disclosed or furnished shall be assessed a fee as specified in
&#xA7; 46.2-214, unless as otherwise provided in this section.

D. Upon the receipt of a completed application and payment of applicable
processing fees, the Commissioner may enter into an agreement with any
governmental authority or business to exchange information specified in this
section by electronic or other means.

E. The Department shall not release any privileged information pursuant to this
title unless the Department has entered into a written agreement authorizing
such release. The Department shall require the requesting entity to specify the
purpose authorized pursuant to this title that forms the basis for the request
and provide the permissible purpose as defined under 18 U.S.C. &#xA7; 2721(b).
Privileged information requested by an entity that has been altered or
aggregated may be used only for the original purposes specified in the written
agreement consistent with this title. The requesting entity shall disseminate
privileged information only to third parties subject to the original purpose
specified in the written agreement consistent with this title. Any agreement
that does not allow third-party distribution shall include a statement that such
distribution is prohibited. Such agreement may limit the scope of any authorized
distribution consistent with this title. Privileged information distributed to
any third party shall only be further distributed by such third party subject to
the original purpose specified and consistent with this title, or unless such
third party is the subject of the information, the parent of a minor who is the
subject of the information, the guardian of the subject of the information, the
authorized agent or representative of the subject of the information, or the
owner of the vehicle that is the subject of the information.
			Any agreement entered into pursuant to this subsection between the Department
and the Department of State Police shall specify (i) that privileged information
shall be distributed only to authorized personnel of an entity meeting the
definition of a criminal justice agency as defined in &#xA7; 9.1-101 and other
comparable local, state, and federal criminal justice agencies and entities
issued a Virginia S-Originating Agency Identification (S-ORI) status; (ii) that
privileged information shall be accessed, used, and disseminated only for the
administration of criminal justice as defined in &#xA7; 9.1-101; and (iii) that
no local, state, or federal government entity, through the Virginia Criminal
Information Network (VCIN) or any other method of dissemination controlled by
the Department of State Police, has access to information stored by the
Department in violation of the protections contained in this section. The
Department of State Police shall notify the Department prior to when a new
entity is to be granted S-ORI status and provide a copy of the S-ORI application
to the Department. The Department of State Police shall not allow any entity to
access Department data through VCIN if the Department objects in writing to the
entity obtaining such data.
			The provisions of this subsection shall not apply to (a) requests for
information made pursuant to subdivision B 4; (b) a request made by an entity
authorized to receive privileged information pursuant to subsection B, provided
that such request is made on a form provided by the Department, other than a
written agreement, that requires the requester to certify that such entity is
entitled to receive such information pursuant to this title, state the purpose
authorized pursuant to subsection B that forms the basis for the request,
explain why the information requested is necessary to accomplish the stated
purpose, and certify that the information will be used only for the stated
purpose and the information received shall not be disseminated to third parties
unless there is authorization to do so; or (c) the release of information to a
law-enforcement officer or agency during an emergency situation, provided that
(1) the requesting entity is authorized to receive such information pursuant to
subdivision B 9, (2) the timely release of such information is in the interest
of public safety, and (3) the requesting entity completes the form required
pursuant to clause (b) within 48 hours of the release of such information.

F. Any person that receives any privileged information that such person knows or
has reason to know was received in violation of this title shall not disseminate
any such information and shall notify the Department of the receipt of such
privileged information.

G. The Department shall conduct audits annually based on a risk assessment to
ensure that privileged information released by the Department pursuant to this
title is being used as authorized by law and pursuant to the agreements entered
into by the Department. If the Department finds that privileged information has
been used in a manner contrary to law or the relevant agreement, the Department
may revoke access.

H. Any request for privileged information by an authorized agent of a
governmental entity shall be governed by the provisions of subdivision B 9.

HISTORY: Code 1950, § 46-32; 1958, c. 541, § 46.1-31; 1964, c. 42; 1976, c.
505; 1979, c. 611; 1980, c. 23; 1982, c. 226; 1986, c. 607; 1989, cc. 705, 727;
1991, c. 307; 1993, cc. 48, 348; 1994, cc. 304, 700, 830, 959; 1995, cc. 118,
657, 676, 686; 1998, cc. 147, 802; 1998, Sp. Sess. I, c. 2; 2002, cc. 131, 710;
2003, c. 768; 2004, cc. 811, 855; 2005, cc. 376, 443; 2006, cc. 396, 846, 859;
2007, cc. 79, 156, 188, 447; 2009, c. 664; 2010, cc. 15, 175, 813, 865; 2011, c.
321; 2013, cc. 673, 789; 2015, cc. 502, 503; 2016, c. 753; 2017, c. 547; 2019,
cc. 543, 544; 2020, cc. 701, 1232; 2021, Sp. Sess. I, c. 421; 2023, cc. 183,
325, 326, 738; 2024, cc. 189, 670.